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Global: The Year Ahead: Developments in Global Litigation and Arbitration in 2021
Welcome to the fourth annual edition of The Year Ahead. When we wrote last year's guide, we did not foresee a global pandemic and the worst economic
Appointment of Arbitrators and Related Issues
This paper is to facilitate the discussion in the session on “Appointment of Arbitrators and Related Issues” at the ISDS Reform Conference, which
What are the advantages of mediation?
David Emmerson, in the Anthony Gold family and relationships team, explains the advantages of having mediation sessions
English Commercial Court releases s68 and s69 statistics for court year 2019 - 2020: challenges down again and the non-interventionist approach sustained
The Judiciary of England and Wales has published the Minutes of the Commercial Court User Group Meeting that took place at the end of November 2020
SCL Adjudication Scheme for resolution of B2B technology related disputes: The Irish perspective
In October 2019, the Society for Computers & Law ("SCL") published Adjudication Rules ("SCLA Rules"). The SCLA Rules were updated in April 2020. SCL
Supreme Court refers the Issue of Enforceability of Arbitration Clause in an Unstamped Contract to a Constitution Bench
A three-judge bench of the Hon'ble Supreme Court in the case of Ms N.N. Global Mercantile Pvt. Ltd. v. Ms Indo Unique Flame Ltd. & Ors by judgment
Between the Lines - January 2021
The Supreme Court (“SC”) has in its judgment dated November 26, 2020 in the matter of Ms Noy Vallesina Engineering SpAv. Ms Jindal Drugs Limited
Disruptive technologies in mining industry: opportunities, risk mitigation and resolving disputes
Technological innovation continues to disrupt the status quo in established industries. While new Technologies offer many opportunities within the
Lack of funds does not enable parties to escape arbitration
Arbitration does not provide for Legal Aid or an exemption from paying costs. Some regard this as a disadvantage of alternative dispute resolution
Does mediation help?
David Emmerson, in the Anthony Gold family team, explains if mediation can help you and your situation
Further Guidance on Conflicts of Interest in International Arbitration: The Role of Experts
A recent English Court of Appeal judgment provides important guidance on the role of expert witnesses in international arbitration, with an emphasis
Racial Slurs Not “Shoptalk”: Termination Upheld of Employee with 23 Years’ Service for Racist Insults in the Workplace
A recent labour arbitration decision found the use of racial slurs by one employee towards another to be a serious workplace justifying termination
District court confirms enforcement of foreign arbitral award, denying arguments that tribunal was not impartial and enforcement was contrary to U.S. public policy
Petitioner Pao Tatneft (“Tatneft”), previously OAO Tatneft, initiated arbitration against the Ukrainian government. The case arose out of the
The Biden era of labor law change - the shift to organized labor
Labor law, along with other employment-related policy matters, is at the forefront of the political, economic, and oftentimes cultural divide in the
The Appointment of Arbitrators and Related Issues - Part 2
Most institutional rules foresee the intervention of an appointing authority to assist the parties in the appointment process. It has been suggested
Does the Supreme Court’s Halliburton judgment make a splash in the pool of arbitrators for global project arbitrations?
On 27 November 2020, the Supreme Court handed down its decision in Halliburton Company v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda
Family mediation in a pandemic - the challenges and opportunities for separating couples
The past year has caused each of us to reflect on what is most important in our lives. Family. Friends. Freedom. It has also made us look forward, to
High Court of gujarat finds that two Indian parties can choose a foreign seat of arbitration but cannot obtain interim relief in Indian courts
The Gujarat High Court (the “Court”) recently handed down a significant decision in GE Power Conversion India Private Limited v. PASL Wind Solutions
Beginning at the End: How mediation can take couples along the pathway to a binding court order
Many couples welcome mediation as a chance to sort out matters directly with each other, rather than discuss matters at arms length via third parties
Workplace Mediation - 7 Tips for Better Outcomes
Workplace mediation presents a number of challenges for parties and employers that may not be present in more “commercial” disputes where legal
To mediate or not to mediate? - Patel v Barlow & Ors (No 2)
A party’s obligation to agree to mediation is a common issue of debate, as is the extent to which it should be penalised on costs for any refusal to
The ICC Arbitration Rules, 2021
ICC Court President Alexis Mourre described the 2021 Rules as marking a further step towards “greater efficiency, flexibility and transparency”. The
Swiss Supreme Court annuls CAS award in Sun Yang case on discovery of circumstances justifying the removal of an arbitrator
In a landmark decision issued on 22 December 2020 and published on 15 January 2021 (case 4A_3182020), the Swiss Federal Supreme Court upheld an
Brexit: governing law, jurisdiction and enforcing judgments
Relatively easy cross border enforcement of court judgments has been a quiet success of the EU. Now that we have the UK-EU Trade and Co-Operation
D.C. District Court Denies Motion To Compel Arbitration Of FCRA Claim Due to Insufficient Declaration
On January 13, 2021, the U.S. District Court for the District of Columbia denied a motion to compel arbitration filed by First Premier Corp. (“First
Facing the Fire: How Executives Can Best Prepare to Testify in Legal Proceedings
When a business executive is involved in a disputeregardless of whether the matter is in court, mediation, or arbitrationthe stakes can be immense
ICC Launches Revised Arbitration Rules for 2021
The amendments aim to increase transparency and efficiency in the arbitral proceedings
Enforcement of Awards Can Pay Dividends
Winning an arbitration claim is satisfying but, with a recalcitrant award debtor, there may be further hurdles to clear before the debt is paid off
Financial mis-selling claims: Fine Care v Natwest Markets Plc
Banks and other financial institutions selling financial products will inevitably owe their customers various duties. At a minimum, this usually
Reflections on Remote Mediation
The lockdown has represented something of mixed blessing to proponents of mediation. On the one hand, stasis in the court system has presented an